The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6491
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FREDERICK GEORGE BROWN, a/k/a Toto-Roy, a/k/a
Fox,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Walter E. Black, Jr., Senior District
Judge. (CR-89-95-B, CA-97-4112-B)
Submitted: September 10, 1998 Decided: September 24, 1998
Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frederick George Brown, Appellant Pro Se. Miriam Aroni Krinsky,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant filed an untimely notice of appeal. We dismiss for
lack of jurisdiction. The time periods for filing notices of appeal
are governed by Fed. R. App. P. 4. These periods are “mandatory and
jurisdictional.” Browder v. Director, Dep’t of Corrections, 434
U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S.
220, 229 (1960)). Parties to civil actions have sixty days within
which to file in the district court notices of appeal from judg-
ments or final orders. Fed. R. App. P. 4(a)(1). The only exceptions
to the appeal period are when the district court extends the time
to appeal under Fed. R. App. P. 4(a)(5) or reopens the appeal
period under Fed. R. App. P. 4(a)(6).
The district court entered its order on Jan. 13, 1998; Appel-
lant’s notice of appeal was filed on Mar. 30, 1998, which is beyond
the sixty-day appeal period. Appellant’s failure to note a timely
appeal or obtain an extension of the appeal period leaves this
court without jurisdiction to consider the merits of Appellant’s
appeal. We therefore deny a certificate of appealability and dis-
miss the appeal. We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
DISMISSED
2